5.  The applicant was born in 1976 and lives in Jedwabno.
In 1996 he lost both his forearms in an accident. He is certified as having a first-degree disability, requiring the assistance of another person.
6.  On 17 June 2002 the applicant, who was a suspect in criminal proceedings, was summoned by the police to present himself, two days later, at the Szczytno District Police Headquarters (Powiatowa Komeda Policji).
7.  On 19 June 2002 the Szczytno District Court (Sąd Rejonowy) remanded the applicant in custody on suspicion of having committed a number of offences against a minor and of having coerced a person into committing perjury.
8.  The domestic court justified the applicant’s pre‑trial detention by the existence of strong evidence against him, the likelihood that a severe penalty would be imposed and by the need to secure the proper course of the proceedings. On the latter point, it emphasised that the applicant, who had remained at large for some time after the start of the investigation, had attempted to coerce witnesses into giving false testimony in the case. The authorities took into consideration the applicant’s disability and a medical certificate issued by his doctor on 15 March 2002, which stated that the applicant was not able to live independently.
9.  On 1 July 2002 the Szczytno District Prosecutor (Prokurator Rejonowy) dismissed the applicant’s request for the pre‑trial detention order to be lifted. The prosecutor reiterated the reasons for the applicant’s pre‑trial detention as they had been presented by the Szczytno District Court. Moreover, it was noted that the applicant had been detained for four months in the past in Szczytno Remand Centre, in connection with another criminal case against him. The Szczytno Remand Centre had never informed the authorities of any obstacles to providing the applicant with adequate care and conditions during his detention. In case of medical necessity the authorities were prepared to transfer the applicant to a remand centre hospital, where he would be able to obtain specialist medical treatment. It was pointed out that the testimony of the applicant’s mother, who had submitted that the applicant was unable to live independently, had been contradicted by the statements of other witnesses who had described the applicant as being completely independent.
10.  On 12 July 2002 the Olsztyn Regional Court (Sąd Okręgowy) upheld the decision to keep the applicant in pre‑trial detention.
11.  On 29 July 2002 the Szczytno District Prosecutor dismissed a request by the applicant for pre‑trial detention to be replaced with a different preventive measure.
12.  On 30 August 2002 the applicant was indicted on numerous counts of extortion of money from a minor and other related offences.
13.  His pre‑trial detention was extended by decisions of the Szczytno District Court of 5 August, 6 September and 31 October 2002. The last two decisions were upheld by the Olsztyn Regional Court on 27 September and 22 November 2002 respectively.
The domestic courts reiterated that there was strong evidence against the applicant and a likelihood that a severe penalty would be imposed, and referred again to the need to secure the proper course of the proceedings. Additionally, it was noted that the authorities needed more time to hear the witnesses for the defence and to complete other investigative steps.
14.  In the meantime, on 1 July and 25 October 2002, the Olsztyn Regional Court dismissed the applicant’s requests to have the measure in question lifted for humanitarian reasons.
15.   The first hearing was held on 10 October 2002.
16.  On 31 October 2002 the Szczytno District Court convicted the applicant of several of the charges and sentenced him to three years’ imprisonment.
17.  On 17 January 2003 the Olsztyn Regional Court decided to extend the applicant’s detention while his criminal case was pending on appeal.
18.  On 24 January 2003 the same court refused to lift the measure because the applicant had been convicted and sentenced to a term of imprisonment by the first‑instance court. In addition, the court relied on the assessment that, despite the applicant’s disability, his detention did not put his life or health at any risk.
19.  On 31 January 2003 the Olsztyn Regional Court upheld its own decision of 17 January 2003.
20.  On 19 February 2003 the Olsztyn Regional Court upheld the first‑instance judgment in the main part, changing the legal classification of one of the offences of which the applicant had been convicted by the first‑instance court. The judgment was served on the applicant on 26 May 2003.
21.  No cassation appeal was lodged in the case.
22.  Throughout the proceedings the applicant was represented by a lawyer of his choice.
23.  From 19 June 2002 until 5 March 2003 the applicant was detained in Szczytno Remand Centre. From 5 until 28 March 2003 he was committed to Olsztyn Remand Centre. From 28 March until 7 July 2003 he was again detained in Szczytno Remand Centre.
24.  On 7 July 2003 the applicant was granted leave from serving his sentence (przerwa w odbywaniu kary) to seek orthopaedic care outside the penitentiary system.
25.  After his leave came to an end, the applicant was held in Szczytno and Olsztyn Remand Centres alternately. He was detained in the former facility from 13 July 2004 until 15 February 2005, from 9 until 17 August 2005 and from 25 April until 21 October 2006. He was detained in the latter facility from 15 February until 9 August 2005 and from 17 August 2005 until 25 April 2006.
26.  On 21 October 2006 the applicant was granted parole (warunkowe zwolnienie) and is currently at liberty. 2.  The description of the conditions of the applicant’s detention and procedure for obtaining arm prostheses
(a)  From 19 June 2002 until 7 July 2003- without prostheses
27.  In Szczytno Remand Centre (from 19 June 2002 until 5 March 2003 and from 28 March until 7 July 2003) the applicant was held in various multi-occupancy cells in the general wing.
28.  The applicant claimed that the conditions in Szczytno Remand Centre had not been adapted to his specific needs. He asserted that, despite his disability, the remand centre staff had not provided him with any special care. That had made his life in detention very difficult. The applicant had not been able to carry out many of his daily or routine tasks, such as serving his meals, making his bed, cutting his toenails, washing, shaving and getting dressed, and cleaning himself after going to the bathroom. He had had to seek help from his fellow inmates, which had put him in a position of dependency.
29.  The Government submitted that during his detention the applicant had been self-sufficient. He had his meals, got dressed, made his bed and read newspapers without the aid of another person. Occasionally, in very minor tasks such as making sandwiches, he received help from his fellow inmates.
30.  In their submission, the applicant was under the special care of the remand centre’s administration. He was released from the duty to clean his cell and benefited from various privileges, such as longer family visits, the right to receive additional food parcels and to take a shower six times per week. As a reward for winning various prison competitions, the applicant was granted unsupervised leave from the remand centre five times. Three of these periods of leave lasted a few days. The applicant was also under the supervision of the prison psychologist, whom he consulted eleven times.
31.  Prior to the applicant’s detention, on 15 March 2002 an orthopaedist of the Olsztyn Regional Specialised Hospital (Wojewódzki Szpital Specjalistyczny) issued a medical certificate (zaświadczenie lekarskie), stating that the applicant was not fit for self-sufficient existence and detention in a prison.
32.  On 19 August 2002 the Head of the Medical Establishment at Szczytno Remand Centre (Zakład Opieki Zdrowotnej) issued a memorandum to the Governor (Dyrektor) of Szczytno Remand Centre, in which he stated that there was no medical reason to transfer the applicant to a specialist facility since his health was good. It was noted that the assistance which the applicant required was not of a medical nature but, rather, related to his physical inability to carry out his daily tasks independently.
33.  In a letter of 3 September 2002 the remand centre governor informed the applicant that his complaints about the conditions of his pre‑trial detention had been considered ill‑founded. It was noted that the remand centre doctor had not found any medical reasons to justify the applicant’s transfer to another place of detention or his release. Furthermore it was stated that the applicant was independent in his daily routines in the remand centre. He could dress himself, make his bed, eat, and read newspapers without anyone’s assistance. In other daily tasks the applicant received help from his inmates.
34.  On 13 October 2002 the applicant was informed by an official of a local self‑government organisation, who visited him in the remand centre, about the procedure for renewing his application for prostheses.
35.  The same day, the Szczytno Remand Centre’s in-house doctor made an official application for prostheses on the applicant’s behalf.
36.  On 23 January 2003 the State-run Sick Fund (Kasa Chorych) approved a full reimbursement of the cost of basic mechanical prostheses (protezy mechaniczne), which was PLN 3,600 (approximately EUR 860). The prostheses were to be made by the Orthopaedic Equipment Establishment (Zakład Sprzętu Ortopedycznego) in Olsztyn.
37.  By a letter of 28 February 2003 the Director of the Olsztyn Regional Prison Service (Dyrektor Okręgowy Służby Więziennej) replied to allegations that the Szczytno Remand Centre had not supported the applicant in his efforts to obtain forearm prostheses and that the medical care provided during his detention had been inadequate. It was observed that, prior to the applicant’s detention, in July 2001 the Sick Fund had approved the applicant’s request to obtain forearm prostheses free of charge. However, the grant could not be executed due to a shortage of funds. On 15 March 2002 the State Sick Fund extended the validity of its prostheses approval until 30 September 2002. On 13 October 2002 the applicant was informed by an official of a local self‑government organisation, who visited him in the remand centre, about the procedure for renewing his application for prostheses. Despite this, the applicant did not proceed with his application for four months. Finally, thanks to the remand centre’s assistance, on 23 January 2003 the State Sick Fund approved a full reimbursement of the cost of the prostheses. The applicant was scheduled to be transferred to Olsztyn Remand Centre in order to have the prostheses made in a local orthopaedic centre. It was concluded that the applicant’s detention did not put his life or health at any risk and that, having had his forearms amputated six years previously, he was now perfectly independent in carrying out his daily routines in detention.
38.  On 5 March 2003 the applicant was transferred to Olsztyn Remand Centre in order to have the prostheses made. The basic prostheses offered, however, did not suit the applicant. He declared that he would only accept bio-mechanical (kinetic) prostheses (protezy biomechaniczne). That type of prostheses were not made in Olsztyn but by the Independent Public Establishment for Orthopaedic Supplies (Samodzielny Publiczny Zakład Zaopatrzenia Ortopedycznego) in Poznań.
39. On 28 March 2003 the applicant was transferred back to Szczytno Remand Centre. An application for bio-mechanical prostheses was made by the prison authorities on his behalf.
40.  On 7 May 2003 the Szczytno District Court found that the applicant’s detention in Szczytno Remand Centre did not put his life or health in danger but created only minor difficulties for him.
41.  The total cost of the applicant’s bio-mechanical prostheses was estimated at 50,000 Polish zlotys (PLN) (approximately EUR 12,000). On an unspecified date the applicant was informed that a refund of PLN 3,600 (approximately EUR 860) could be granted by the National Health Fund (Narodowy Fundusz Zdrowia). Under the applicable law every patient seeking to obtain bio-mechanical prosthesis had to pay the difference from his or her own budget.
42.  On 12 May 2003 the Olsztyn Regional Court ruled that the applicant be transferred to Poznań Remand Centre, where he could have fittings for his bio-mechanical prostheses, provided that he undertook to pay the non‑refundable portion of the price. In the Government’s submission, the applicant did not agree to that.
43.  On 29 May 2003 a psychiatrist at Szczytno Remand Centre diagnosed the applicant with a form of depression which in his opinion could be attributed to the applicant’s fear of not being able to obtain forearm prostheses. It was noted that the applicant had twice attempted to commit suicide when he had been held in a correction centre when he was a minor. The doctor did not make any recommendation as to the conditions of the applicant’s detention or his treatment.
44.  A copy of the applicant’s medical records reveals that during this part of his detention, he was consulted by various specialists on approximately twelve occasions.
45.  On 7 July 2003 the applicant was granted a six‑month period of leave from serving his sentence to seek orthopaedic care outside the penitentiary system. The domestic court observed that, even though the applicant’s disability did not make him, strictly speaking, unfit for detention, it was nevertheless making it more difficult for him, especially without prostheses. The leave was subsequently extended until 7 July 2004.
(b)  From 13 July 2004 until 21 October 2006 – with prostheses
46.  While at liberty, presumably in March 2004, the applicant obtained two basic mechanical forearm prostheses and underwent the necessary physiotherapy (rehabilitation).
47.  On 18 March 2004 the applicant obtained a medical certificate from a private medical clinic, stating that he had recently received new prostheses and urgently required physiotherapy. It was further noted that the applicant was not self-sufficient and required the aid of third persons, and that he could not be detained in prison.
48.  On 7 July 2004 the applicant’s leave came to an end but he failed to return to prison. On 13 July 2004 he was arrested and committed to Szczytno Remand Centre to serve the rest of his prison sentence.
49.  The applicant was detained in Szczytno Remand Centre from 13 July 2004 until 15 February 2005, from 9 until 17 August 2005 and from 25 April until 21 October 2006. He was also detained in Olsztyn Remand Centre from 15 February until 9 August 2005 and from 17 August 2005 until 25 April 2006.
50.  By letter of 25 November 2004 the director of a rehabilitation centre in Szczytno (Ponadlokalne Centrum Rehabilitacyjno-Edukacyjne dla Dzieci i Młodzieży Niepełnosprawnej) provided the applicant with the following information. According to the results of the medical consultation of 10 November 2004 and the opinion of a specialist in rehabilitation, the applicant did not require any further rehabilitation or training in using his arm prostheses. With his basic mechanical prostheses, the applicant could carry out simple daily tasks such as eating and brushing his teeth. Those prostheses, however, did not allow for high precision movements, such as those necessary for washing, putting on smaller items of clothing, shaving or going to the bathroom.
51.  On 26 November 2004 the Governor of Szczytno Remand Centre applied to the Szczytno District Court for permission to transfer the applicant to a detention facility near Poznań in order to enable him to undergo further physiotherapy.
On 30 November 2004 the request was rejected by the Szczytno District Court on the ground that the applicant’s presence was necessary in Szczytno, where new criminal proceedings were pending against him.
52.  On 17 January 2005 the Szczytno Remand Centre governor informed the applicant, in reply to the latter’s query, that during his detention “adequate help was secured [to him] by the remand centre administration through the applicant’s inmates”. It was also noted that the applicant had refused to work with a physiotherapist whose presence at the remand centre had been arranged by the administration.
53.  On 7 and 20 April 2005 an in‑house doctor at Olsztyn Remand Centre issued two medical certificates stating that the applicant could not receive adequate care and treatment in prison because of the nature of his disability.
54.  On 25 April 2005 the Szczytno District Court asked for an expert medical report to verify whether or not the applicant was fit to be kept in prison.
55.  On 21 June 2005 two experts, in cardiology and orthopaedics respectively, issued a report, stating that although the applicant found his prostheses helpful, he still needed the assistance of others in many of his daily activities, as his mechanical prostheses did not allow him to make any precise movements. It was noted that the applicant had expressed a wish to obtain more advanced bio‑mechanical prostheses, which were available from the Orthopaedic and Rehabilitation Equipment Establishment in Poznań. In addition, the applicant was diagnosed with hypertension. Nevertheless, the experts concluded that the applicant had adapted well to his disability and that his overall health was good which, in turn, made him fit to continue his detention. On the other hand, it was pointed out that some assistance should be provided to the applicant in his daily routines by the remand centre staff.
56.  On 8 November 2005 the Head of the Healthcare Establishment (Kierownik Zakładu Opieki Zdrowotnej) of Olsztyn Remand Centre informed the applicant of the following: the applicant’s disability did not require any medical treatment; his other ailments could be treated within the prison healthcare system; bio-mechanical prostheses were not refunded by the National Health Fund; and lastly, according to the applicable law, a person with a first-degree disability required the assistance of another person in his or her daily existence. Such assistance could not be provided to the applicant in the remand centre. Nevertheless, as stated in the expert opinion of 21 June 2005 (see paragraph 49 above), the applicant was fit for detention because he was well-adjusted to his disability.
57.  The applicant provided the Court with a document dated 23 December 2005 in which the Deputy Governor of Olsztyn Remand Centre stated that the applicant had been detained in a four-person cell in wing A, which was not adapted for special needs prisoners. It was also noted that Olsztyn Remand Centre as such did not possess any cells in which special arrangements had been made to accommodate the needs of physically disabled persons.
58.  The Government submitted that in Olsztyn Remand Centre the applicant had been committed to a wing in which cells had been kept open almost all day long. Other than that, the conditions of the applicant’s detention there were similar to those in Szczytno Remand Centre.
59.  A copy of the applicant’s medical records reveals that during this part of his detention, he was consulted by various specialists on approximately sixty occasions.
60.  The applicant lodged numerous complaints with the administration of Szczytno Remand Centre, domestic courts and penitentiary authorities, arguing that he should not be detained due to his disability or, alternatively, that he should be offered special care. In addition, he complained about the difficulties he had had in obtaining forearm prostheses (see paragraphs 28, 29, 32 and 35 above).
61.  On 13 October 2003 the Szczytno District Prosecutor (Prokurator Rejonowy) discontinued an inquiry into the applicant’s allegations that between 19 June 2002 and 7 July 2003 the staff of Szczytno Remand Centre had failed in undertaking the necessary actions to provide the applicant with arm prostheses. The authorities referred to the events described in paragraphs 34-42 above and concluded that the prison authorities had not acted to the applicant’s detriment but, to the contrary, had made extensive efforts to provide him with arm prostheses.